Construction RFP Template.doc.doc

13,519 views

Published on

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
13,519
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
222
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

Construction RFP Template.doc.doc

  1. 1. REQUEST FOR PROPOSAL FOR       THE UNIVERSITY OF TEXAS AT SAN ANTONIO San Antonio, Texas       UTSA RFP NO. 743-      REQUEST FOR PROPOSAL _____________________________________________________________________________ _       ______________________________________________________________________ 1 Last updated 01/26/2007
  2. 2. 2 Last updated 01/26/2007
  3. 3. TABLE OF CONTENTS 1. INTRODUCTION 1.1 Description of The University of Texas at San Antonio (“University”) 1.2 Background and Special Concerns 1.3 Objective 2. NOTICE TO RESPONDENTS 2.1 General 2.2 Submittal Deadline 2.3 University Contacts 2.4 Type of Contract 2.5 Inquiries and Interpretations 2.6 Public Information 2.7 Contract Award Process 2.8 Criteria for Selection 2.9 Respondent's Acceptance of Evaluation Methodology 2.10 Commitment 2.11 Historically Underutilized Businesses 2.12 Key Events Schedule 2.13 Parking on Campus 3. PROPOSAL REQUIREMENTS 3.1 General Instructions 3.2 Preparation and Submittal Instructions 3.3 Pricing and Delivery Schedule 3.4 Terms and Conditions 3.5 Submittal Checklist 4. GENERAL TERMS AND CONDITIONS 4.1 General 4.2 Definitions 4.3 Entire Agreement 4.4 Time of Performance 4.5 Default 4.6 Termination 4.7 Payment 4.8 Contract Amendments 4.9 Independent Contractor Status 4.10 Compliance with Law 4.11 University's Right to Audit 4.12 Access to Documents 4.13 Title and Risk of Loss 4.14 Acceptance of Products and Services 4.15 Sales and Use Tax 4.16 Insurance and Bonds 4.17 Indemnification
  4. 4. 4.18 Force Majeure 4.19 Other Benefits 4.20 Non-Disclosure 4.21 Publicity 4.22 Severability 4.23 Non-Waiver of Defaults 4.24 Assignment 4.25 Assignment of Overcharge Claims 4.26 Patent and Copyright 4.27 Texas Public Information Act 4.28 Freedom of Access and Use of Facilities 4.29 Observance of University Rules and Regulations 4.30 Section Headings 4.31 Notices 4.32 Governing Law 5. SPECIFICATIONS 5.1 General 5.2 Specifications/Scope of Work 5.3 Delivery 5.4 Estimated Budget 5.5 Miscellaneous Provisions 6. EXECUTION OF OFFER 7. PRICING AND DELIVERY SCHEDULE 7.1 Pricing Schedule 7.2 Delivery Schedule 7.3 Payment Terms 7.4 Addenda Checklist 7.5 Liquidated Damages 8. RESPONDENT QUESTIONNAIRE PREVAILING WAGE GUIDELINES UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS SPECIAL CONDITIONS POLICY ON UTILIZATION - HISTORICALLY UNDERUTILIZED BUSINESSES 4 Last updated 01/26/2007
  5. 5. SECTION 1 1. INTRODUCTION 1.1 Description of The University of Texas at San Antonio (“University”) The University of Texas at San Antonio (UTSA) was established in 1969 as a public institution of higher education. The University of Texas at San Antonio serves the San Antonio metropolitan area and the broader region of South Texas through programs and services offered from its three campuses: 1604 Campus, Downtown Campus and the Institute of Texan Cultures. With nearly 28,000 students enrolled in undergraduate and graduate degree programs, UTSA is the third largest component university in the University of Texas System and has been one of the state's fastest-growing public universities for much of the last decade. UTSA offers bachelor's, master's and doctoral degree programs and is a research intensive institution commited to discovery and innovation. UTSA's 600-acre campus near the intersection of Loop 1604 and Interstate 10 borders the Texas Hill Country and is just a 20-minute drive from downtown San Antonio. There are over a dozen buildings on the 1604 Campus. 1.2 Background and Special Concerns       1.3 Objective       5 Last updated 01/26/2007
  6. 6. SECTION 2 2. NOTICE TO RESPONDENTS 2.1 General University is accepting competitive sealed proposals for a construction contract, pursuant to Sec. 51.783, Texas Education Code, in accordance with the terms, conditions and requirements set forth in this Request for Proposals (“RFP”), RFP No. 743-     . Construction Documents have been prepared by the following licensed architects and/or engineers:      . This RFP and the Construction Documents provide sufficient information for interested parties to prepare and submit proposals for consideration by University. Respondents may obtain sets of RFP Documents from the University of Texas at San Antonio Purchasing and Distribution Services Department upon payment of a non-refundable fee of       per set. Payment may be made by either check or money order made out to UTSA. Cash will not be accepted. PROPOSAL BONDS: The proposer shall include with his proposal a Certified Check or Proposal Bond payable to UTSA in an amount not less than five percent (5%) of the base bid dollar amount proposed in Section Seven of the RFP. Certified Checks and Proposal Bonds will be held by UTSA’s Purchasing Office, and will be returned after a contract is successfully executed wit the successful proposer, or eight (8) weeks, whichever is sooner. If the successful proposer defaults in executing a contract in accordance with the Notice to Award, then the Certified Check shall become the property of UTSA, or the Proposal bond shall become subject to forfeiture to UTSA. For access to the site during bidding please contact:      , Construction Project Coordinator, Office of Facilities Services, One UTSA Circle, San Antonio, Texas 78249, (210) 458-     . Respondents are encouraged to propose contractual arrangements offering the maximum benefit to University in terms of (1) total overall cost and (2) project management expertise. Applicability of educational, state and local government, and any other available discounts should be strongly considered. RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED. 6 Last updated 01/26/2007
  7. 7. 2.2 Submittal Deadline University will accept proposals for selection until      . 2.3 University Contacts Any questions or concerns regarding this Request for Proposal shall be directed to: Juan Macias, Buyer II Purchasing and Distribution Services Department The University of Texas at San Antonio One UTSA Circle San Antonio, Texas 78249 Phone: (210) 458-4062 Fax: (210) 458-4061 E-mail: juan.macias@utsa.edu University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individual. 2.4 Type of Contract The successful respondent will be required to enter into a contract in the form attached hereto as Agreement. 2.5 Inquiries and Interpretations Responses to inquiries, which directly effect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and mailed to all parties recorded by University as having received a copy of the RFP. All such addenda issued by University prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in his proposal. Firms receiving this RFP other than directly from the University of Texas at San Antonio are responsible for notifying University that they are in receipt of a proposal package and are to provide a name and address in the event an amendment is issued. Only those inquiries University replies to which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be 7 Last updated 01/26/2007
  8. 8. without legal effect. The Respondent must acknowledge all addenda by initialing addenda checklist in section 7.4. Such acknowledgment must be received prior to the hour and date specified for receipt of proposals, or shall accompany the proposal. 2.6 Public Information University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non- confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded. Respondents are hereby notified that University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information. 2.7 Contract Award Process An award to one or more respondents for the construction services specified herein will be made following a procedure using competitive sealed proposals. Proposals will be opened publicly to identify the names of the Respondents, and the monetary proposals. Other contents of the proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal prior to award. Within 45 days after the date of opening the proposals, University will evaluate and rank each proposal with respect to the selection criteria contained in this RFP. After opening and ranking, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or, University may discuss with the selected Respondent offers for cost reduction and other elements of the Respondent’s proposal. If University determines that it is unable to reach a contract satisfactory to University with the selected Respondent, then University will terminate discussions with the selected Respondent and proceed to the next Respondent in order of selection ranking until a contract is reached or University has rejected all proposals. University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of University and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of University and to temporarily or permanently abandon the procurement. If the University awards a contract, it will award the contract to the offeror or offerors whose proposal is the most advantageous to University and offers the best value, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made. 8 Last updated 01/26/2007
  9. 9. University, at its option, may elect to pre-qualify offerors. If offerors are pre- qualified, Respondents will be asked to submit all or part of the information required by this RFP, except pricing information. University will evaluate proposals based on the selection criteria contained in this RFP (except price). University may discuss or negotiate all elements of the proposal with selected Respondents which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s). After the submission of a proposal but before pre-qualifying, University may permit the offeror to revise the proposal in order to obtain the best final offer. University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. University will provide each offeror with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending prequalification, but University reserves the right to include additional proposals in the competitive range if deemed in the best interest of University. Pre-qualification is not a conclusive determination that an offeror offers the best value to the institution, and a pre-qualified offeror may be rejected on the basis of subsequently discovered information. A failure to pre-qualify does not bar a subsequent determination that an offeror offers the best value to University with respect to this RFP. After prequalification, the pre- qualified offerors will submit full proposals, including monetary proposals by a date determined by University. The names of the pre-qualified Respondents and their monetary proposals will be opened and read aloud and the selection process will then proceed as described above in this Section. 2.8 Criteria for Selection The Respondent selected for an award will be the Respondent whose proposal, as presented in the response to this RFP, is the most advantageous to University. University is not bound to accept the lowest priced proposal if that proposal is not in the best interest of University as determined by University. Proposals will be evaluated by University personnel. The criteria for evaluation of proposals, and selection of the successful respondent for this award, may be based on the factors listed below: 1) Price proposal. 2) Demonstrated technical and management competence with complete building related construction projects. 3) Demonstrated experience with complete building related construction projects, particularly those for higher education. 4) Knowledge of current building and safety codes. 9 Last updated 01/26/2007
  10. 10. 5) Capability and capacity to perform the construction services for the project, including respondent’s financial resources to perform the work in the time projected. 6) The Respondent’s ability to meet the proposed time of construction. Also, demonstrated ability to meet schedules on past projects. 7) The qualifications and experience of the team members proposed to manage the project. 8) The quality of references from past customers of respondent. Proposers are strongly recommended to submit and verify reference phone numbers, fax numbers, e-mail addresses, and contact name for accuracy. UTSA will not be responsible for obtaining updated or corrected reference information. References may be sent rating form for completion and required to return to UTSA. Submission of incorrect or no information from reference may result in a lower score for this evaluation criterion. 9) Response to Section 8. 2.9 Respondent's Acceptance of Evaluation Methodology Submission of a proposal indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that some subjective judgments must be made by University during the assigning of points. 2.10 Commitment Respondent understands and agrees that this RFP is issued predicated on anticipated requirements for      , and that University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent which arises from Respondent’s performance hereunder shall be at the sole risk and responsibility of Respondent. 2.11 Historically Underutilized Businesses See Exhibit H. It is the policy of The University of Texas System and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. Accordingly, UTSA has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (Policy). The Policy applies to all contracts with an expected value of $100,000 or more. If UTSA determines that 10 Last updated 01/26/2007
  11. 11. subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Response. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Response. For this project, UTSA has determined subcontracting opportunities are not probable. If you are not a subcontracting any part of this contract, please complete and return the attached self performing HUB Subcontracting plan, Exhibit H, pages 8 and 10. If you are subcontracting any part of this project, you must complete the entire HUB Subcontracting plan, Exhibit H, pages 7-10. Failure to submit a required HUB Subcontracting plan will result in rejection of the response. 2.12 Key Events Schedule Issue Request for Proposal            Pre-Proposal Conference       Due Date For Questions       Proposal Submittal Deadline       at      . Local time UTSA Purchasing and Distribution Services Office One UTSA Circle. San Antonio TX 78249 2.13 Parking on Campus Contractors will be provided with a staging area that will allow a limited number of contractor vehicles to park. Vehicles parking outside the staging area will be required to purchase a Contractor Parking Permit at a cost of $45 each ($50 each beginning September 1, 2007). Contractor Permits are valid for the Academic Year, September 1 through August 31. The UTSA Project Coordinator will provide a Contractor Permit Application Form. The Contractor shall be responsible for obtaining the necessary number of permits before the start of the project. Due to the limited number of parking spaces on campus, Contractors should carpool when possible. Contractor permits will be offered on a space-available basis. UTSA reserves the right to limit the number of Contractor permits. 11 Last updated 01/26/2007
  12. 12. SECTION 3 3. PROPOSAL REQUIREMENTS 3.1 General Instructions A. Respondents should carefully read the information contained herein, and the Design Criteria Package, and submit a complete response to all requirements and questions as directed. B. Proposals and any other information submitted by Respondents in response to this Request for Proposal shall become the property of University. C. University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated or required by law. Respondents submit proposals at their own risk and expense. D. Proposals which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by University, at its option. E. Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of University's needs. F. University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in University's best interest. Representations made within the proposal will be binding on responding firms. University will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP. G. Firms wishing to submit a “No-Response” are requested to return the first page of the Execution of Offer (ref. Section 6). The returned form should indicate your company's name and include the words “No-Response” in the right-hand column. 12 Last updated 01/26/2007
  13. 13. H. Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal. 3.2 Preparation and Submittal Instructions A. Respondents must complete, sign and return the attached Execution of Offer, Section 6, as part of their proposal response. Proposal must be signed by Respondent's company official(s) authorized to commit such proposals. Failure to sign and return these forms will subject your proposal to disqualification. B. Responses to this RFP should consist of answers to required questions in Section 8 Respondent Questionnaire. It is not necessary to repeat the question in your response; however, it is essential that you reference the question number with your response corresponding accordingly. In cases where a question does not apply or if unable to respond, reference the question number and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your reason when responding N/R. C. Page Size, Binders and Dividers Proposals must be typed on letter-size (8-1/2” x 11”) paper. University requests that proposals be submitted in a binder. Preprinted material should be referenced in the proposal and included as labeled attachments. Sections should be divided by tabs for ease of reference. D. Table of Contents Include with the proposal a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by your firm (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section. E. Pagination All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.) Attachments should be numbered or referenced separately. 13 Last updated 01/26/2007
  14. 14. F. Number of Copies Submit a total of five (5) complete copies of the entire response. An original signature must appear on the Execution of Offer (ref. Section 6) of at least one (1) copy submitted. G. Submission 1. Five (5) identical copies of the proposal including any supplemental printed material referenced with the RFP, must be submitted and received in the University Office of Purchasing and Distribution Services on or before the time and date specified, pursuant to the Notice to Respondents (ref. Subsection 2.2) and delivered to: Juan Macias, Buyer II Purchasing and Distribution Services Department The University of Texas at San Antonio One UTSA Circle San Antonio, Texas 78249 Phone: (210) 458-4062 Fax: (210) 458-4061 E-mail: juan.macias@utsa.edu NOTE: Show the Request for Proposal number and submittal date in the lower left-hand corner of your sealed proposal envelope (box/ container). 2. The materials submitted must be enclosed in a sealed envelope (box or container); the package must show clearly the submittal deadline; the RFP number must be clearly visible; and name and the return address of the Respondent must be clearly visible. 3. Late proposals properly identified will be returned to Respondent unopened. Late proposals will not be considered under any circumstances. 4. Telephone proposals are not acceptable when in response to the Request for Proposal. 5. Facsimile (“FAX”) proposals are not acceptable when in response to this Request for Proposal. H. Alternate Proposal University may consider alternate proposals submitted by qualified responsive firms in determining an award. Respondents submitting 14 Last updated 01/26/2007
  15. 15. alternate proposals shall clearly identify any exceptions taken to the requirements listed herein, and include a detailed description of the alternate(s) proposed. Respondent(s) may suggest additions to the requirements with respect to scope of work or services performed. All such suggestions shall be clearly defined. Alternate proposals shall be submitted as an attachment to your base proposal (RFP) package. I. Withdrawal or Modification No proposal may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by University which shall be based on Respondent’s submittal, in writing, of a reason acceptable to University. J. Validity Period Proposals are to be valid for University's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract. 3.3 Pricing and Delivery Schedule A. Respondent must complete Pricing and Delivery Schedule, Section 7. B. Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit, or as otherwise defined, as appropriate. C. University will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent's proposal. D. Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in University's best interest. 3.4 Terms and Conditions The General Terms and Conditions (ref. Section 4) shall govern any contract issued as a result of this solicitation (RFP), except as provided in 3.4.A. below. A. All Respondents must comply with the requirements listed on any Notice to Respondents, Proposal Requirements, Specifications/Service 15 Last updated 01/26/2007
  16. 16. Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this document, the provision requiring respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence: 1. Specifications 2. Agreement 3. General Terms and Conditions 4. Proposal Requirements 5. Notice to Respondents B. By signing the Execution of Offer and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on University. Respondent further certifies that the submission of a proposal is Respondent's good faith intent to contract with University as specified herein and that such intent to contract is not contingent upon University's acceptance or execution of any such attached or referenced terms, conditions, or other documents. 3.5 Submittal Checklist Firms are instructed to complete, sign and return the following documents as a part of their proposal submittal. Failure to return these documents may subject your proposal to disqualification. HUB Subcontracting Plan (ref. Section 2.11) Signed and Completed Execution of Offer (ref. Section 6) Signed and Completed Pricing and Delivery Schedule (ref. Section 7) Responses to Respondent's Questionnaire (ref. Section 8) Proposal Bond (ref. Section 2.1) 16 Last updated 01/26/2007
  17. 17. SECTION 4 4. GENERAL TERMS AND CONDITIONS 4.1 General These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract, if any, resulting from this Request for Proposal. 4.2 Definitions Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows: Contract Documents shall mean the documents that form the Contract between University and the Contractor. The Contract Documents consist of the Agreement or Purchase Order including Uniform and Supplementary General Conditions (Exhibit A hereto), Prevailing Wage Guidelines, Conditions of the Contract (this Section 4 - General Terms and Conditions, and any Additional or Special Conditions issued for this RFP), Specifications, Pricing and Delivery Schedule, Execution of Offer, Respondent's Questionnaire, and all Addenda and Amendments issued prior to and after the execution of the Contract. University shall mean The University of Texas at San Antonio. Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP. Contractor shall mean the individual, partnership, corporation, or other entity awarded a Contract for construction services under this RFP, in accordance with the terms, conditions, and requirements herein. Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract. 4.3 Entire Agreement The Contract Documents, for all intents and purposes, are intended as the complete and exclusive statement of the agreement between University and the Contractor and supersede all prior or contemporaneous agreements, negotiations, course of prior dealings, or oral representations relating to the subject matter hereof. 17 Last updated 01/26/2007
  18. 18. The terms and conditions of any purchase order, agreements, amendments, modifications, or other documents submitted by either party which conflict with, or in any way purport to amend or add to any of the terms and conditions of the Contract are specifically objected to by the other party and shall be of no force or effect, nor shall govern in any way the subject matter hereof, unless set forth in writing and signed by both parties, subject to the provisions of paragraph 3.4. A hereof. 4.4 Time of Performance Time is of the essence in the rendering of services hereunder. Contractor agrees to perform all obligations and render services set forth per this Contract in accordance with the schedules herein and as mutually agreed upon between University and Contractor during the term of this Contract. Work Hours All work required hereunder shall be performed after normal daytime class hours, 9:00 p.m. to 6:00 a.m. (CT) during areas of construction that will adversely affect classrooms and offices due to the noise and vibration, Monday through Friday, excluding University observed holidays, or as otherwise agreed, or in accordance with standard industry practice. Other work that is proven to not disturb classroom and office activity can be performed during daytime hours of 8:00 AM to 5:00 PM. 4.5 Default In the event that the Contractor fails to carry out or comply with any of the terms and conditions of the Contract with University, University may notify the Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Contractor fails to remedy such failure or default within the ten (10) day period, University shall have the right to cancel the Contract. Without limiting the foregoing, the following shall constitute a material breach by the Contractor, upon the occurrence of which the Contractor shall immediately notify University; the Contractor ceases its business operation, makes a general assignment for the benefit of creditors, is adjudged bankrupt, or becomes insolvent. The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the Contract and such cancellation by University shall not limit any other right or remedy available to University at law or in equity. 18 Last updated 01/26/2007
  19. 19. 4.6 Termination A. For Convenience: The Contract may be terminated, without penalty, by University without cause by giving thirty (30) days’ written notice of such termination to the Contractor. B. In no event shall such termination by University as provided for under this Section give rise to any liability on the part of University including, but not limited to, any claims of Contractor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. University's sole obligation hereunder is to pay Contractor for products and/or services ordered and received prior to the date of termination. 4.7 Payment A. Prior to ten (10) days before the end of each calendar month during the term of this Agreement, Contractor shall submit to the University an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that University may reasonably require to support the amount requested and to be submitted. The University will, within thirty (30) days from the date it receives such application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if University approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If University disapproves any amount requested by Contractor, University shall give Contractor specific reasons for its disapproval in writing. B. The cumulative amounts of monthly progress payments as set forth in this Article ("Progress Payment") shall not exceed the amount of Contractor’s total price, previously approved and accepted by University, for the goods or services hereunder. C. Ten (10) days after final completion of the goods or services and acceptance thereof by University or as soon thereafter as possible, Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by University, University shall pay to Contractor the amount due ("Final Payment") under such Final Request. D. Any provision hereof to the contrary notwithstanding, University shall not be obligated to make any payment (whether a Progress Payment or Final 19 Last updated 01/26/2007
  20. 20. Payment) to Contractor hereunder if any one or more of the following conditions precedent exist: 1. Contractor is in breach or default; 2. Any part of such payment is attributable to goods or services which are not performed in accordance with this Contract, provided, however, such payment shall be made as to the part thereof attributable to goods and services which are performed in accordance with this Contract, or the resultant purchase order or agreement; 3. Contractor has failed to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which University has made payment to Contractor; or 4. If University, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by University to be sufficient to so complete the goods and services. E. No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto. F. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to this Contract. G. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Request for payment. H. University shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefore, by (1) inspecting the books and records of Contractor at mutually convenient times; (2) examining any reports with respect to this Project; (3) interviewing Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action. 20 Last updated 01/26/2007
  21. 21. Invoices must reference University purchase order number and must agree in every detail with the Contract. University’s suggested payment terms are 2%/10 NET 30. 4.8 Contract Amendments The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the Contract must be forwarded to University’s Office of Business Affairs for prior review and approval. 4.9 Independent Contractor Status Contractor recognizes that it is engaged as an independent contractor and acknowledges that University will have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of University by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of University, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law. 4.10 Compliance with Law Contractor is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non- segregated Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991 and all laws and regulations and executive orders as are applicable. 21 Last updated 01/26/2007
  22. 22. 4.11 University's Right to Audit At any time during the term of this Contract and for a period of four (4) years thereafter University or a duly authorized audit representative of University, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by University reveals any errors/overpayments by University, Contractor shall refund University the full amount of such overpayments within thirty (30) days of such audit findings, or University, at its option, reserves the right to deduct such amounts owing University from any payments due Contractor. 4.12 Access to Documents To the extent applicable to this procurement, in accordance with Public Law 99-499 under TEFRA, Contractor agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, the U.S. Department of Health and Human Services and their duly authorized representatives. 4.13 Title and Risk of Loss For goods to be provided by Contractor hereunder, if any, the title and risk of loss of the goods shall not pass to University until University actually receives, takes possession, and accepts the goods at the point or points of delivery. 4.14 Acceptance of Products and Services All products furnished and all services performed under this Contract shall be to the satisfaction of University and in accordance with the specifications, terms, and conditions of the Contract. University reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services. 4.15 Sales and Use Tax University, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Contractor may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. 22 Last updated 01/26/2007
  23. 23. 4.16 Insurance and Bonds A. For any Contract which requires the Contractor to provide on-site services, the Contractor shall, prior to commencement of work, provide University with Certificates of Insurance in the below amounts and shall maintain such coverage in effect for the full duration of the Contract. 1. Workers’ Compensation: Statutory 2. Employer’s Liability $500,000.00 3. Comprehensive General Liability: $1,000,000.00 each occurrence $1,000,000.00 in the aggregate 4. Comprehensive Automobile Liability (Any auto, hired auto, non-owned auto) $1,000,000.00 each person a) Bodily Injury: $1,000,000.00 each occurrence b) Property Damage: $1,000,000.00 each occurrence 5. Owner’s and Contractor’s $1,000,000 Protective 6. Builder’s Risk: full value of construction portion of contract B. Contractor shall deliver to University: 1. Certificates evidencing the existence of all such insurance promptly after the execution and delivery hereof and prior to the continued or additional performance of any services to be performed by Contractor hereunder from or after the date of any agreement or purchase order; and 2. Replacement certificates not less than thirty (30) days prior to the expiration of any such insurance. If, however, Contractor fails to pay any of the renewal premiums for the expiring policies, University shall have the right to make such payments and set-off the amount thereof against the next payment coming due to Contractor under any purchase order or agreement; and 23 Last updated 01/26/2007
  24. 24. 3. Such Certificates shall name University as an Additional Insured, with the exception of Workers' Compensation and Employer's Liability, and shall provide that the policies will not be canceled until after thirty (30) days' unconditional, unqualified written notice to University, giving the University the right to pay the Premium to maintain coverage, in which event Paragraph 4.16.B.2 shall apply. C. The insurance policies required in this RFP shall be kept in force for the periods specified below: 1. Commercial General Liability Insurance, Auto Liability, Builder’s Risk, and Owner’s and Contractor’s Protective shall be kept in force until receipt of final payment by the Contractor; 2. Workers' Compensation Insurance shall be kept in force until the Contractor's obligations have been fully performed and accepted by University in writing. D. Contractor shall provide University a full and complete copy of any insurance policy promptly upon request by University, and without charge to University. 4.17 Indemnification A. To the fullest extent permitted by applicable law, the contractor and its agents, partners, employees, and consultants (collectively "Indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by university, and hold harmless the university and the University of Texas System, its affiliated enterprises, representatives of the university, and their respective officers, directors, regents, partners, employees and agents (collectively "Indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee. In the event more than one of the indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. 24 Last updated 01/26/2007
  25. 25. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which university or any of the indemnitees has by law. B. Contractor shall protect and indemnify the university from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any united states patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by contractor, or by university at the direction of contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, university shall promptly notify contractor and contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of university's design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, university agrees to cooperate reasonably with contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. C. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever. 4.18 Force Majeure If either University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) day for each day of such delay. 4.19 Other Benefits It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State. 4.20 Non-Disclosure Contractor and University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of 25 Last updated 01/26/2007
  26. 26. whether directly or indirectly affiliated with Contractor or University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources. 4.21 Publicity Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of University's employees or use University's name in connection with any sales promotion or publicity event without the prior express written approval of University. 4.22 Severability In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein. 4.23 Non-Waiver of Defaults No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained. 4.24 Assignment The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties thereunder and/or fees due thereunder may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by University. 4.25 Assignment of Overcharge Claims Contractor hereby assigns to University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967). 26 Last updated 01/26/2007
  27. 27. 4.26 Patent and Copyright Contractor shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by this Contract. 4.27 Texas Public Information Act University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq) after a contract is awarded. Respondents are hereby notified that University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFQ/RFP information. 4.28 Freedom of Access and Use of Facilities Contractor's employees shall have reasonable and free access to use only those facilities of University that are necessary to perform services under this Contract and shall have no right of access to any other facilities of University. 4.29 Observance of University Rules and Regulations Contractor agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no smoking, and parking and security regulations. 4.30 Section Headings All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFP. 4.31 Notices Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows: • If to Contractor, to the Contractor's last known mailing address. • If to University: Kerry L. Kennedy, VP of Business Affairs Vice President of Business Affairs 27 Last updated 01/26/2007
  28. 28. The University of Texas at San Antonio One UTSA Circle San Antonio, Texas 78249 Phone: (210) 458-4201 Fax: (210) 458-4187 E-mail: kerry.kennedy@utsa.edu 4.32 Governing Law This Contract, including, without limitation, this RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas. 28 Last updated 01/26/2007
  29. 29. SECTION 5 5. SPECIFICATIONS 5.1 General University requests proposals from qualified and experienced firms for the Construction of       meeting the following minimum specifications stated in this Section. 5.2 Specifications/Scope of Work Respondents are instructed to carefully review University’s Construction Documents Package, which has been provided to interested potential respondents. Specifications are included in this RFP. 5.3 Delivery A. This contract will take approximately       days to complete. The University wishes to have the       of by       B. Time is of the essence in the performance of Contractor’s duties. Failure of the Contractor to notify University sufficiently in advance of inability to complete within the delivery schedule, shall grant University the option of canceling the order, purchasing from the best available source, and charging the Contractor the difference between the Contract price and actual purchase, if any, plus cost of handling. Notwithstanding the foregoing, University shall have no obligation to accept late performance or to waive timely performance by Contractor. C. In no event shall changes be permitted without the express prior written authorization of the University Office of Purchasing and Distribution Services. Any such authorizations shall be in the form of a Contract amendment. 5.4 Estimated Budget The estimated budget amount for this project is $      29 Last updated 01/26/2007
  30. 30. 5.5 Miscellaneous Provisions A. Personnel Contractor shall maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Contract. 1. Contractor shall assign to the University a designated representative who will be responsible for the coordination and administration of University's requirements. B. Bonding 1. Respondent shall provide evidence satisfactory to Owner of bonding capacity in the total estimated maximum amount of the construction contract along with Respondent’s response to this Request for Proposals. 2. A Payment Bond is not required on contracts of $25,000.00 or less. A Performance Bond is not required on contracts Orders of $100,000.00 or less. If the total contract price exceeds $25,000.00, the Contractor shall execute in accordance with the provisions of Chapter 2253, Texas Government Code, a Payment Bond in the amount of the total price, solely for the protection of those supplying labor, materials and/or equipment in the prosecution of the subject contract. If the total contract price exceeds $100,000, the Contractor shall execute in accordance with the provisions of said Chapter 2253, Texas Government Code, a Performance Bond in the amount of the total contract price conditioned upon the faithful performance of the contract, solely for the protection of the State of Texas. 3. Each bond shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and acceptable to the Owner, and on the Owner's form. If any bond is for more than 10 percent of the surety's capital and surplus, the Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized, accredited, or trusteed to do business in the State. A reinsurer may not reinsure for more than 10 percent of its capital and surplus. If a surety upon a bond loses its authority to do business in the State, the Contractor shall within thirty (30) days after such loss furnish a replacement bond at no added cost to the Owner. 4. Each bond shall be accompanied by a valid Power-of-Attorney (issued by the surety company and attached, signed and sealed with the corporate embossed seal, to the bond) authorizing the attorney 30 Last updated 01/26/2007
  31. 31. in fact who signs the bond to commit the company to the terms of the bond, and stating any limit in the amount for which the attorney can issue a single bond. 5. Each bond with a penal sum in excess of $100,000 shall be executed by a corporate surety or sureties listed on the then-current version of U.S. Treasury Department circular 570 and which hold a certificate of authority from the U.S. Secretary of the Treasury as a surety, or obtain reinsurance from a reinsurer authorized as a reinsurer in Texas and which is listed on the then-current U.S. Treasury Department circular 570 and holds a certificate of authority from the U.S. Secretary of the Treasury as a surety or reinsurer. C. Project Execution 1. University shall provide or contract for, independently of the general contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility by University. 31 Last updated 01/26/2007
  32. 32. SECTION 6 6. EXECUTION OF OFFER RFP NO: 743—      THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE PROPOSAL. SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS AT UNIVERSITY. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT UNIVERSITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER. 1. By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for proposal and is not a contract or an offer to contract; (2) the submission of a proposal by Respondent in response to this RFP will not create a contract between University and Respondent; (3) University has made no representation or warranty, written or oral, that one or more contracts with University will be awarded under this RFP; and (4) Proposer shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP. 2. By signature hereon, Respondent offers and agrees to furnish to University the products and/or services more particularly described in its proposal, at the at the prices quoted in the proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein. 3. By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted proposal. 4. By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable. 5. By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or institution represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business. 32 Last updated 01/26/2007
  33. 33. 6. By signature hereon, Respondent represents and warrants that: a. 000000000Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP; b. Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP; c. Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances; d. Respondent understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate; e. Respondent, if selected by University, will maintain insurance as required by the Contract; f. All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that University will rely on such statements, information and representations in selecting the Successful Respondent. If selected by University as the Successful Respondent, Respondent will notify University immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information. 7. By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal. 8. By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2. 9. By signature hereon, Respondent certifies as follows: “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.” “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not 33 Last updated 01/26/2007
  34. 34. ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and qualifications only.” 10. By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any University of Texas component, or Respondent has not been an employee of any University of Texas component within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to University entering into any contract with Respondent. 11. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government Code). 12. Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation. 13. By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action. 14. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal. 15. By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas 34 Last updated 01/26/2007
  35. 35. Please complete the following: If a Corporation: Respondent’s State of Incorporation: _________________________ Respondent’s Charter No: ____________________________________ NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT. Submitted and Certified By: __________________________________ (Respondent’s Name) (Authorized Signature) ___________________________________________________________________ (Date) (Printed Name/Title) _____________________________________ _____________________________ (Telephone Number) ___________________________________________________________________ (Street Address) (Facsimile Number) ______________________________________ (City, State, Zip Code) 35 Last updated 01/26/2007
  36. 36. SECTION 7 7. PRICING AND DELIVERY SCHEDULE Proposal of: ___________________________________ (Company Name) To: University of Texas at San Antonio Ref.: Construction       RFP No: 743-      Ladies and Gentlemen: Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the construction services as required pursuant to the aforementioned documents at the below quoted terms. The University reserves the right to award a single bid item or any combination of bid items when multiple bid items occur. 7.1 Pricing Schedule ALTERNATES: None 7.2 Delivery Schedule UTSA expects substantial completion by      . UTSA expects to provide Notice To Proceed to selected contractor on      . 1) Respondent able to complete the work on or before the required substantial completion date: yes no 2) Indicate date of substantial completion: _____________________ 3) UTSA reserves the right to perform services necessary to make       should respondent not meet substantial completion date of       NOTE: IMPORTANT - CONTRACTOR SHALL PROVIDE AN ANTICIPATED CONSTRUCTION SCHEDULE WITH THIS PROPOSAL AS DESCRIBED IN SECTION 8, Items 9, 10 and 11 “Approach To Project.” 36 Last updated 01/26/2007
  37. 37. 7.3 Payment Terms The following payment term options and discounts are quoted (University’s suggested payment terms are 2%/10 NET 30): Net 30 days _________% Net 15 days _________% Net 10 days _________% Respondent may offer additional payment term options and discounts for University to consider. 7.4 Addenda Checklist Receipt is hereby acknowledged of the following addenda to this RFQ/RFP. (initial if applicable) No. 1 _____ No. 2 _____ No. 3 _____ No. 4 _____ Respectfully submitted, By :_____________________________ (Authorized Signature) Date:___________________________ 37 Last updated 01/26/2007
  38. 38. 7.5 Liquidated Damages For each consecutive calendar day after the substantial completion period set forth in Article 2 of the 2005 Edition Uniform General and Supplementary Conditions for Building Construction Contracts for the University of Texas System above that any work, including the correction of deficiencies found during the final testing and inspection, is not completed, the amount of      ($     ) will be deducted from the money due or becomes due the Contractor, not as a penalty but as liquidated damages representing the parties' estimate at the time of contract execution of the damages which the Owner will sustain for late completion. 38 Last updated 01/26/2007
  39. 39. SECTION 8 8. RESPONDENT QUESTIONNAIRE Respondents are requested to submit a complete response to each of the below listed items. Responses requiring additional space should be brief and submitted as an attachment to your proposal package. Please reference each response by its item number indicated below. Company Profile 1. Legal name of the company: __________________________________________________ Address of office which would be providing service: ________________________________ ________________________________ Number of years in Business: __________ Type of Operation: Individual: _____ Partnership: _____ Corporation: _____ Government: _____ Number of Employees: __________ Annual Sales Volume: __________ 2. State that you will provide a copy of your company's financial statements for the past two (2) years, if requested by University. 3. Provide a Financial rating of your company and any documentation (such as a Dunn and Bradstreet analysis) which indicates the financial stability of your company. 4. Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms. 5. Provide any details of all past or pending litigation or claims filed against your company that would affect your company's performance under a Contract with University. 6. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution. 7. Provide a customer reference list of no less than five (5) organizations with whom Respondent currently has contracts with and/or has previously provided __________ ________ __________ of equal type and scope within the past three (3) years. Reference list to include, company name, contact person, and telephone number, project description, length of business relationship and background of project (year of project, summary of work performed, etc.). Please do not submit more than one UTSA job. 8. Does any relationship exist whether by relative, business associate, capital funding agreement or any other such kinship exist between your company and any University employee? If yes, please explain. 39 Last updated 01/26/2007
  40. 40. Approach to Project 9. Provide a statement of the project approach, any unique benefits, and other considerations. 10. Provide an estimate of the earliest start date following execution of a contract. 11. Submit a work-plan with key dates and milestones. Your response should include (if applicable): - Implementation strategy - Completion milestones for various trades - Electrical and equipment testing schedule - Final completion date General Requirements 12. Provide summary resumes for proposed project team members, including their specific experiences with similar projects, and number of years with your company. 13. What difficulties do you anticipate in serving University and how do you plan to manage these? What assistance will you require from University? Service Support 14. Describe your company's service support philosophy, how is it carried out, and how success in keeping this philosophy is measured. Quality Assurance 15. Describe your company's quality assurance program, what are your company’s requirements, and how are they measured? Miscellaneous 16. Provide a list of any goods or services not specified in this RQF/RFP that your company will provide to University, e.g. project management software. 17. Provide details regarding any special services or product characteristics, or other benefits offered, or advantages in University selecting your company. NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT. 40 Last updated 01/26/2007
  41. 41. HUB Subcontracting Plan 41 EXHIBIT "A" THE UNIVERSITY OF TEXAS SYSTEM THE UNIVERSITY OF TEXAS AT SAN ANTONIO PREVAILING WAGE GUIDELINES May 11, 2001 NOTE: THE “PREVAILING WAGE SCHEDULE” RATE DETERMINATION IS LOCATED AT THE END OF EXHIBIT “A” TEXAS PREVAILING WAGE LAW 41 Last updated 01/26/2007
  42. 42. HUB Subcontracting Plan 42 PURPOSE AND SCOPE This reference Guide provides general information about the application of the Texas Prevailing Wage Law, and sets forth the criteria and procedures for its implementation at public works projects administered by The University of Texas System. TEXAS PREVAILING WAGE LAW Art. 5159.a, Vernon's Texas Civil Statutes. Work Performed of public works in State and municipal or political subdivisions; prevailing wage rate to be maintained Sec. 1. Not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work, shall be paid to all laborers, workmen and mechanics employed by or on behalf of the State of Texas, or by or on behalf of any county, city and county, city, town, district or other political subdivision of the State, engaged in the Work performance of public works, exclusive of maintenance work. Laborers, workmen, and mechanics employed by contractors or subcontractors in the execution of any contract or contracts for public works with the State, or any officer or public body thereof, or in the execution of any contract or contracts for public works, with any county, city and county, city, town, district or other political subdivision of this State, or any officer or public body thereof, shall be deemed to be employed upon public works. Sec. 2. (a) The public body awarding any contract for public work on behalf of the State, or on behalf of any county, city and county, city, town, district or other political subdivision thereof, or otherwise undertaking any public work, shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract, and shall specify in the call for bids for said contract, and in the contract itself, what the general prevailing rate of per diem wages in the said locality is for each craft or type of workman needed to execute the contract, also the prevailing rate for legal holiday and overtime work, and it shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. Failure of the awarding body to ascertain and specify in the call for the contract the prevailing wage rate in that locality relieves the contractor or subcontractor from liability under this Act. To ascertain the general prevailing wage rate, the public body shall either conduct a survey to determine the prevailing wage based upon the wages received by classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, county or other political subdivision of the State in which the work is to be performed, or adopt the prevailing wage rate as determined by the U. S. Department of Labor in accordance with the Davis-Bacon Act, if the survey on which the Davis-Bacon rate was founded was conducted within three years prior to the bidding of the project. 42 Last updated 01/26/2007
  43. 43. HUB Subcontracting Plan 43 (b) A contractor or subcontractor in violation of this Act is liable for a penalty. That contractor or subcontractor shall pay to the State, county, or city with more than 10,000 residents, district or other political subdivision on whose behalf the contract is made or awarded, Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under said contract, and the said public body awarding the contract shall cause to be inserted in the contract a stipulation to this effect. The money collected under this subsection shall be used by the awarding body to offset the costs incurred in the administration of this section. (c) Upon receipt of a complaint by a laborer, workman, or mechanic or other pertinent information, the public body shall determine within 30 days whether good cause exists to believe that a contractor or subcontractor has committed a violation of this Act. The public body shall provide written notice of its determination to the contractor or subcontractor and any affected laborer, workman, or mechanic. The public body shall retain any amounts due under the contract pending a final determination of the violation. (d) If the contractor or subcontractor and any affected laborer, workman, or mechanic fail to resolve the alleged violation by agreement within 14 days of the determination by the public body, the issues of the alleged violation, any penalties owed to the public body, and any amounts owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General Arbitration Act (Art. 224 et seq., Revised Statutes). If the parties fail to agree upon an arbitrator within 10 days, the arbitrator shall be designated by the district court upon petition of any party. The decision and award of the arbitrator is final and binding upon all parties and may be enforced in any court of competent jurisdiction. The public body is not a party in the arbitration. (e) The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the party or parties who fail to prevail in the proceeding. Costs may be assessed against the workman, laborer, or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared equally by the parties. If the arbitrator determines that a violation of the Act has occurred, the arbitrator shall assess and award penalties as provided in the Act and all amounts owed to the affected workman, laborer, or mechanic against the contractor or subcontractor. (f) The public body shall use any amounts retained under this subsection to reimburse the laborer, workman, or mechanic for the amount owed to that person because of the failure to pay the person the general prevailing rate of per diem wages as provided in the arbitrators' award. The public body may adopt rules, orders, or ordinances relating to the manner in which the reimbursement is made to the laborer, workman, or mechanic. An officer, agent, or employee of a public body is not liable in a civil action for any act or omission implementing or enforcing this Act unless the action was made in bad faith. The contractor is entitled to rely on a certificate by a subcontractor as to the payment of all sums due to those working for and under that subcontractor until the contrary has been determined. (g) If the amounts withheld by, if any, the public body under Subsection (c) of this section are insufficient to fully reimburse the laborer, workman, or mechanic for amounts owed to that person under the terms of this Act, that person has a right of action against the contractor or subcontractor and the surety of that person to recover any amounts owed, reasonable attorney's fees and court costs. (h) It shall be the duty of such public body awarding the contract, and its agents and officers, to take cognizance of complaints of all violations of the provisions of this Act committed in the course of the execution of the contract, and, when making payments to the contractor of moneys becoming due under said contract, to withhold and retain all sums and amounts forfeited or required to be retained under this section; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment, without a determination by the awarding body that good cause exists to believe that a violation has occurred. (i) It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any amounts withheld from him by the awarding body on account of the said subcontractor's failure to comply with the terms of this Act, and if payment has already been made to the subcontractor, the contractor may withhold the amount from any future payments owed to the subcontractor or recover from the subcontractor or the subcontractor's surety in a suit at law the amount retained or forfeited. 43 Last updated 01/26/2007

×